BILL ANALYSIS                                                                                                                                                                                                    Ó




          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 463             
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          |Author:    |Hancock                                              |
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          |Version:   |April 6, 2015                               Hearing  |
          |           |Date:    April 15, 2015                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  School climate:  Safe and Supportive Schools Train the  
          Trainer Program

            SUMMARY
          
          This bill requires the California Department of Education, to  
          the extent that funding is available in the Budget Act of 2015,  
          to designate a county office of education to be the fiduciary  
          agent for the Safe and Supportive Schools Train the Trainer  
          Program.  

            BACKGROUND
          
          Positive behavior interventions and supports
          
          Current law:

          1.   Encourages schools, as comprehensive school safety plans  
               are reviewed and updated, to include in school safety plans  
               clear guidelines for the roles and responsibilities of  
               mental health professionals, community intervention  
               professionals, school counselors, school resource officers,  
               and police officers on school campus, if the school  
               district uses these people.  The guidelines may include  
               primary strategies to create and maintain a positive school  
               climate, promote school safety, and increase pupil  
               achievement, and prioritize mental health and intervention  








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               services, restorative and transformative justice programs,  
               and positive behavior interventions and support.   
               (Education Code § 32282.1)

          2.   Provides that corrective action other than out-of-school  
               suspension includes study teams, guidance teams, resource  
               panel teams, or other intervention-related teams that  
               assess the behavior, and develop and implement  
               individualized plans to address the behavior in partnership  
               with the pupil and his or her parents.  (EC § 48900.5)

          3.   Requires that the individualized education team for each  
               student with exceptional needs consider the use of positive  
               behavioral interventions and supports for students whose  
               behavior impedes his or her learning.  (EC § 56341.1)

          Multi-tiered interventions

          Many schools voluntarily follow models of tiered interventions  
          to address student needs prior to imposing discipline or making  
          referrals to special education.  Models include Schoolwide  
          Positive Behavior Interventions and Supports, Response to  
          Intervention and Positive Environments Network of Trainers.   
          Typically, the base tier is a schoolwide approach involving  
          instruction, school climate, etc.  The middle tier is targeted  
          to students who did not respond to the schoolwide efforts and  
          involved more intense interventions such as tutoring.  The top  
          tier focuses on a smaller group of students who continue to need  
          support and may include very intense and frequent services such  
          as counseling.

          The Student Success Team, formerly Student Study Team, is a  
          positive schoolwide early identification and intervention  
          process.  Working as a team, the student, parent, teacher and  
          school administrator identify the student's strengths and assets  
          upon which an improvement plan can be designed.  As a regular  
          school process, the team intervenes with school and community  
          support and an improvement plan that all team members agree to  
          follow.  Follow-up meetings are planned to provide a continuous  
          casework management strategy to ensure the needs of students are  
          met.

            ANALYSIS








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          This bill requires the California Department of Education, to  
          the extent that funding is available in the Budget Act of 2015,  
          to designate a county office of education to be the fiduciary  
          agent for the Safe and Supportive Schools Train the Trainer  
          Program.  Specifically, this bill:

          1.   Requires the California Department of Education (CDE), to  
               the extent that funding is available in the Budget Act of  
               2015, to designate a county office of education to be the  
               fiduciary agent for the Safe and Supportive Schools Train  
               the Trainer Program.  

          2.   Requires the designated county office of education to be  
               chosen by the Superintendent of Public Instruction (SPI)  
               from county offices that apply for designation.

          3.   Requires the designated county office of education to be in  
               charge of establishing specific professional development  
               activities that will lead to statewide professional  
               development support structures and a network of trainers  
               allowing for the development and expansion of the  
               Schoolwide Positive Behavior Interventions and Supports  
               programs, restorative justice, social and emotional  
               learning, trauma-informed practice, and cultural competency  
               professional development in each region of the state, with  
               a specific focus on those regions that are underserved and  
               do not have access to trainers in these research-based  
               approaches.

          4.   Requires the designated county office of education to  
               consult with the following entities to effectively  
               implement these strategies throughout the state and  
               nationally:

                    A.             The Regional K-12 Student Mental Health  
                    Initiative.

                    B.             The National Alliance on Mental  
                    Illness.

                    C.             The California Technical Assistance  
                    Center on Schoolwide Positive Behavior Interventions  








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                    and Supports.

                    D.             The California Association of School  
                    Psychologists.

                    E.             The California County Superintendents  
                    Educational Services Association.

                    F.             The California Mental Health directors  
                    Association.

                    G.             Collaborative for Academic, Social, and  
                    Emotional Learning.

                    H.             University of California, San Francisco  
                    (UCSF) Healthy Environments and Response to Trauma in  
                    Schools Project.

                    I.             Restorative Justice of Oakland Youth.

                    J.             The Restorative Schools Vision Project.

                    AA.            The International Institute for  
                    Restorative Practices.

                    BB.            Other non-profit and public agencies.

          5.   Requires the designated county office of education to  
               select an advisory committee made up of stakeholders and  
               professionals who have participated in the development and  
               expansion of these programs to assist in the planning and  
               implementation of this program.

          6.   Requires funding to be targeted to all of the following  
               critical activities, within the context of a state-level  
               plan:

                    A.             Explaining the importance of linking  
                    research-based strategies with local control funding  
                    formula planning and local control and accountability  
                    plans, specifically with respect to the school climate  
                    and student engagement state priority areas.









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                    B.             Creating regional conferences and  
                    workshops on implementation that would provide free  
                    training for school and school district teams.

                    C.             Establishing stipends for release time  
                    for school personnel attending these conferences.

                    D.             Developing best practices of current  
                    district level systems and ensuring that these best  
                    practices are widely disseminated.

                    E.             Establishing a cohort of free or  
                    low-cost trainers and coaches who can be available to  
                    work directly with local school districts in  
                    hard-to-serve areas that are seeking to implement  
                    research-based strategies.

                    F.             Developing a network of educators who  
                    are effectively implementing these practices and  
                    willing to provide coaching and training to other  
                    schools and school districts, particularly in  
                    hard-to-serve areas.

                    G.             Developing statewide methods for  
                    collecting and disseminating best practices in  
                    implementing research-based strategies.

                    H.             Developing evaluation tools to measure  
                    the effectiveness of research-based strategies.

                    I.             Developing specific professional  
                    development and professional learning communities for  
                    teachers utilizing these practices in their classes.

          7.   Requires the Legislative Analyst's Office to review the  
               impacts of this professional development effort and report  
               to the Governor and Legislature by June 30, 2019, on the  
               breadth and best practices of the training and any student  
               outcomes impacted by this training effort.

          8.   Requires any funding allocated for this program to be  
               expended by January 1, 2019.









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          9.   States legislative findings and declarations relative to  
               out-of-school suspension, the identification of school  
               climate as a state priority, and strategies and practices  
               that address student needs while reducing suspension and  
               expulsion rates.

          STAFF COMMENTS
          
          1.   Need for the bill.  According to the author, "Positive  
               Behavior Interventions and Supports (PBIS) provide a  
               comprehensive and collaborative prevention and intervention  
               three-tiered framework for schools to improve academic and  
               behavioral outcomes for all pupils.  It involves explicit  
               teachings of appropriate behaviors, a consistent positive  
               rewards system, and a process for providing more intensive  
               mental health and other interventions for students who  
               require more support.  The PBIS multi-tiered support  
               systems framework addresses at least five critical areas of  
               the Local Control and Accountability Plan.  These include  
               academic outcomes, common core standards, school culture  
               and climate, parent involvement, and student engagement."

          2.   How many schools currently implement?  Many schools  
               voluntarily follow models of tiered interventions and  
               restorative justice to address student needs
               prior to imposing discipline or making referrals to special  
               education.  Statewide 
               data on the current implementation of such frameworks or  
               programs is not collected. 

          3.   Existing resources.  The California Department of  
               Education's (CDE) website includes an implementation and  
               technical assistance guide for response to intervention,  
               and information on multi-tiered systems of support.   
                http://www.cde.ca.gov/be/pn/im/documents/memo-ilsb-plsd-oct1 
               3item02.doc   The Positive Environments, Network of Trainers  
               is a positive behavior initiative that disseminates through  
               its website information and resources regarding the use of  
               proactive positive strategies.   http://www.pent.ca.gov/  .   
               This bill requires the designated county office of  
               education to establish specific professional development  
               activities that will lead to statewide professional  
               development support structures and a network of trainers  








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               allowing for the development and expansion of various  
               initiatives and programs.  Staff recommends an amendment to  
               require the designated county office of education to also  
               identify existing professional development activities and  
               train-the-trainer models.

          4.   Designated county office of education.  This bill requires  
               the Superintendent of Public Instruction (SPI) to select  
               the designated county office of education from those that  
               apply for such designation.  This bill does not establish  
               an application process or guidance for the selection of the  
               appropriate county office, thereby giving the SPI complete  
               discretion to determine if the county office is capable of  
               meeting the fiduciary responsibilities and other  
               requirements of this bill.

          5.   Clarifying amendments.  This bill requires the designated  
               county office of education to be "in charge of establishing  
               specific professional development activities that will lead  
               to statewide professional development support structures."   
               Staff recommends an amendment to clarify that the  
               designated county office of education is responsible for  
               the development or identification of professional  
               development activities, and that the professional  
               development activities are to be available as a statewide  
               training resource.

          This bill requires the designated county office of education to  
               consult with, among others, UCSF Healthy Environments and  
               Response to Trauma in Schools project.  Staff recommends an  
               amendment to strike "UCSF" and insert "University of  
               California, San Francisco."

          6.   Fiscal impact.  According to the Assembly Appropriations  
               Committee analysis of prior legislation, this bill could  
               impose:

               A.        One-time costs in the range of $1 million to $2  
                    million for CDE to contract with a county office of  
                    education to create professional development content  
                    and provide statewide professional development  
                    opportunities.  This cost estimate also includes  
                    stipends for release time for school personnel  








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                    attending workshops. 

               B.        Unknown General Fund costs, likely in the range  
                    of $80,000 to $100,000, for the Legislative Analyst's  
                    Office (LAO) to review the impacts of professional  
                    development and report on best practices.  This report  
                    would 

               C.        require local data collection in order to  
                    evaluate the program impact on students and the  
                    corresponding best practices. 

               The requirements in the bill are contingent upon funding in  
               the Budget Act of 2015.  No funding source has been  
               identified at this time.

          7.   Related and prior legislation. 

          RELATED LEGISLATION

          AB 1133 (Achadjian, 2015) requires the State Public Health  
               Officer to establish a four-year pilot program to, among  
               other things, provide free regional training and technical  
               assistance in support services that include intervention  
               and prevention services, use of trained staff to meet with  
               students on a short-term weekly basis in a one-on-one  
               setting, the potential for support services to help fulfill  
               state priorities described by the local control funding  
               formula and local goals described by local control and  
               accountability plans, and state resources available to  
               support student mental health and positive learning  
               environments.  AB 1133 is scheduled to be heard by the  
               Assembly Education Committee on April 8.

          AB 1025 (Thurmond, 2015) requires the California Department of  
               Education (CDE) to establish a three-year pilot program to  
               encourage inclusive practices that integrate mental health,  
               special education, and school climate interventions  
               following a multi-tiered framework.  AB 1025 is pending by  
               the Assembly Education Committee.

          SB 527 (Liu, 2015) establishes the Safe Neighborhoods and  
               Schools Fund Grant Program, using Proposition 47 funds to  








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               reward school districts that have demonstrated a commitment  
               to, and developed a comprehensive plan for, utilizing  
               research-based strategies to increase attendance rates, to  
               reduce school removals of all types and referrals to  
               police, to address trauma, mental health needs and other  
               social and emotional factors that impact pupil outcomes, to  
               address and to remedy school push-out and dropout rates,  
               coordinate pupil support programs with community and other  
               public agencies at schoolsites and across the school  
               district, and create a strong and supportive school culture  
               that identifies and addresses the needs of pupils,  
               including victims of crime, abuse, and neglect.  SB 527 is  
               scheduled to be heard by this Committee on April 15.

          PRIOR LEGISLATION

          SB 1396 (Hancock, 2014) required the CDE, to the extent one-time  
               funding is available in the 2014-15 Budget Act, to  
               designate funds to a county office of education to  
               establish professional development activities to support  
               the development and expansion of multi-tiered intervention  
               and support programs, 
          including but not limited to, schoolwide positive behavior  
          intervention and support.  SB 1396 was held on the Assembly  
          Appropriations Committee's suspense file.

          SB 596 (Yee, 2014) required the California Department of  
          Education (CDE) to establish a three-year pilot program to  
          encourage inclusive practices that integrate mental health,  
          special education, and school climate interventions following a  
          multi-tiered framework.  SB 596 was held in the Assembly.



            SUPPORT
          
          Alliance for Boys and Men of Color
          Black Parallel School Board 
          California Association of School Psychologists
          California Now
          Children's Defense Fund California
          Dolores Huerta Foundation
          Fight Crime: Invest in Kids California








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          Legal Services for Children
          National Association of Social Workers - California
          National Center for Youth Law
          Policy Link
          Public Counsel
          Restorative Schools Vision Project
          Students First
          The Gay and Lesbian Community Services Center of Orange County 
          The Labor/Community Strategy Center's Community Rights Campaign
          Violence Prevention Coalition

            OPPOSITION
           
           None received.

                                      -- END --